Cousins-amended

Case 1:14-cv-00515-DBH Document 7-1 Filed 12/24/14 Page 1 of 11
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U.S. DISTR!CT COUffi"
BANGOR. MAIHE
RECEIVED AND FILED
ZDI~ DEC 24 A II: 04
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINJfy
DEPUTY CLERVi
PRO SE CIVIL COMPLAINT
(revised)
JURY TRIAL REQUESTED
FEDERAL CONSTITUTION QUESTION
Case No. 1:14-cv-00515-DBH
1. Robert L. Cousins 45 Harbor Dr. Bass Harbor, Maine 04653
2. Judy A. Cousins
45 Harbor Dr. Bass Harbor, Maine 04653
plaintiffs
v.
3.
Fire Chief Keith Higgins, 16 Mitchell Lane, Bernard, Maine 04653
4.
Capt. Heath Higgins,14 Mansell Lane, Southwest Harbor, Me.,04679
5.
Asst. Chief Tadd Jewett, 14 Mt. Gilboa Rd., Tremont Me. 04653
6.
(former) Fire Chief Wayne Patton, 227 Tremont Rd., Tremont, Me. 04653
7.
Firefighter Matthew Lindsley, Mcenroe Rd. Southwest Harbor, Me. 04679
8.
Firefighter Matthew Tetreault, Rt. 102, Tremont, Me. 04653
9.
SWH Firefighter Colton Sanborn, 191Seal Cove Rd., Southwest Harbor, Me. 04679
10.
SWHVFD Chief Samuel Chisolm,100 Seal Cove Rd.,Southwest Harbor,Me. 04679
11.
MDislander reporter Mark Goode, Rt. 102, Tremont, Me. 04653
12.
William Weir, Tremont VFD secretary,154 Tremont Rd., Tremont, Me 04653
13.
Alan L. Baker, publisher, MDislander, 310 Main St., Bar Harbor, Me.04609
14.
Earl Brecklin, editor, MD Islander, 310 Main St. Bar Harbor, Maine 04609
Case 1:14-cv-00515-DBH Document 7-1 Filed 12/24/14 Page 2 of 11
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15.
Jointly and severably, all defendants individually, and in their official capacity
16.
Plaintiffs complains and for causes of action on information and belief allege as
follows: The proximate cause of destruction of our business and home was the
assumption of duty and the breach thereof by Tremont VFD, SWHVFD. The Town
of Tremont, MDislander have added the air of wrongdoing to our reputation
preceding the unconscionable act.
Plaintiffs could have put the fire out in short order with another fire extinguisher.
The fire would have been quickly suppressed. The fire department assumed and
breached the duty the plaintiffs had assumed in personal nonfeasance in prevention,
inaction, action, or protection. Breach of trust and breached fiduciary obligations
based on the dependency relationship and duty thereby precipitated the event and
destruction of our business and home by willful and wonton malicious intent.
Vulnerability, with protection assumed through trust in another whose aid or
protection is sought in some manner such as fire suppression is a firefighter's creed.
In such a relation good conscience requires that the :fiduciary is to act at all times
for the sole benefit and interest of the one who trusts. It was reasonably foreseeable
that if they did not put water on the fire that the structure would burn down. The
proximate cause was the breach of the obligation to assume the duty showing
deliberate indifference to the appropriate course of action was intentional and
reckless, extreme and outrageous. This circumstance underscores the misplaced trust
of the public thus served.
17.
The first time we met Defendant ex-Fire Chief Wayne Patton, as a planning board
member, he recused himself from participation on our application before the
board.
2
.
Case 1:14-cv-00515-DBH Document 7-1 Filed 12/24/14 Page 3 of 11
18.
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Defendant Patton then told the Tremont VFD that they were not allowed to frequent
Cap'n Nemo's Restaurant, disparaging our business.
19.
20.
Defendant Patton complained to the select board about Cap'n Nemo's to stir the pot.
As a Town of Tremont selectman, Defendant Heath Higgins disparaged our
reputation. He called for an executive session knowing that we were not going to be
able to attend.
21.
We were charged with a violation of our entertainment license. Defendant Selectman
Heath Higgins was the lone vote against us. The town attorney determined that we
had not violated our license.
22.
As a fireman Capt. Heath Higgins spread rumor to the select board that we had
borrowed our Ansul fire suppression system from a friend and returned it after the
inspection.
23.
Defendant Chief Keith Higgins failed to establish command at the fire.
24.
Selectman Lester Closson, on many occasions slandered us with false information
that damaged our reputation.
25.
On December 4, 2013, Cap'n Nemo's Restaurant and the Cousins family residence
was purposefully and unnecessarily allowed to bum to the ground to include our
son's boat, our storage shed, and even the lobster tank fifteen feet from the restaurant
while firefighters joked around.
26.
Upon the arrival of the Tremont VFD to the fire from their bimonthly meeting
(coincidentally), in a four minute response, Defendant Capt. Heath Higgins entered
the side door. Plaintiff Bob Cousins was coming down the stairs to get another fire
extinguisher. Plaintiff told him,"I almost had it out,ljust need another extinguisher".
At that point it was just a small fire on the top floor of the lighthouse. Plaintiff
3,
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was standing beside it until the extinguisher ran out. Defendant assured me that it
would be put out, but that I had to leave. The Tremont Volunteer Fire Department
assumed the duty and reneged by allowing the tower to burn for a full two hours to
the restaurant level, and allowed it to burn the entire restaurant for three more hours.
27.
Defendant Capt. Higgins sprayed a truck.load of water off the fire never hitting it
with any water whatsoever in abrogation of his duty
28.
One honest firefighter left the scene stating "this is bullshit".
29.
Firefighter Sarah MacQuinn quit the fire department as a result, and was severely
treated, demeaned, and ridiculed because she came to us to report the truth. Her life
was threatened by Matthew Tetreault. She was defamed to fire departments from all
around Mount Desert Island area by Defendant Chief Keith Higgins.
30.
When the firefighters were donning their gear at the station, and
before he had even seen the fire, Defendant Chief Keith Higgins reminded everyone
that," it would be a defensive attack and under no circumstances would anybody be
allowed to go interior".
31.
Defendant Chief Keith Higgins would later state to a reporter, "I looked in the front
door, and seeing the extent of the fire, decided not to send anybody in". He stated
on the radio that it was"fully engulfed". He would later switch to another frequency.
32.
Seven responding fire companies arrived in mutual aid, some in SCBA gear ready
to go interior, and asking to do so were told to stand by down the street. In an hour
they returned to see if they could help. They were ordered to retreat once again to
the staging area. They left the fire scene to go home and go to bed 2 Yi hours later
carrying with them the precious water that was not forthcoming from local sources.
33.
The tanker truck had broken down for the negligent lack of maintenance.
34.
The actions of Fire Chief Keith Higgins that night constituted a conscious and
Lf-.
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flagrant indifference. Over 35,000 gallons of water was sprayed that night, enough
to fill the lighthouse tower.
35.
Secretary William Weir knew of the 'surround and drown' and had the duty to protect. He knew of the theft reported by MacQuinn,ofTetreault from the fire-scene.
36.
The Southwest Harbor ladder truck was purposefully positioned 70 yards away
from the fire. Defendant Southwest Harbor Fire Chief Chisolm directed an entire
load of water (at 2500 gallons a minute) directly over the burning tower to our
neighbor's roof, he was being very careful not to get the fire wet. That was the first
and last time they would use the critical ladder truck that night.
37.
Defendant Chief Keith Higgins displayed his bad faith when he stated in a letter to
the State Fire Marshal in Augusta that we were "almost a joke" in malicious and
disparaging communication.
38.
Heath Higgins tarnished our reputation in public telling people that," we were bad,
and don't go there", interfering with our business reputation.
39.
Defendant Mark Goode, a reporter with the MDislander had published libelous
story saying that we had pumped our sewage holding tanks onto the road.
40.
Defendant Heath Higgins owned the Moorings Restaurant two miles from Nemo's.
41.
Contingency plans to let us burn down should we catch fire were discussed at fire
meetings. At the last meeting before the fire occurred, Cap'n Nemo's was discussed
as to be a "surround and drown" violating our constitutional equal protection
rights. Firefighters in attendance of the meetings knew of the plan.
42.
Minutes from fire department meetings that would outline the 'plan' for Nemo's to
be allowed to burn have been spoliated. Multiple requests have been unfruitful both
from Chief Higgins and as well Dana Reed as the Tremont information officer. The
response we got from Mr. Reed was, "He (Chief Higgins) said that he doesn't have
s.
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them". Who does?
43.
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William Weir, Tadd Jewett, Heath Higgins, Samuel Chisolm, Thomas Chisolm,
Colby Sanborn had a duty to intervene breached by allowance and accomplishment
of multiple actions against our business in abrogation of the duty to to protect.
44.
On 1/6/2011 the State Fire Marshals showed up to Plaintiffs for a surprise
inspection. We paid the required permit fee for the dance hall permit.
45
46.
. redacted
On 313112011, Defendant Keith Higgins forwarded an email from the Fire Marshal
to the Town of Tremont in regard to Cap'n Nemo's, adding that "He has asked that
this information be kept within your office. This is because on prior occasion
information was released to them in advance."
4 7.
There was no public comment by Chief Keith Higgins at the 4/18/2011 Public
hearing in regard to Cap'n Nemo's Special Amusement Permit. Yet at the 4/25/2011
Special Selectman's meeting, he presented a document from the Fire Marshal's
Office pertaining to Cap'n Nemo's and "possible life safety code violations". He
stated, "The Fire Marshal would be coming to issue a violation and he wanted the
select board to be aware the Fire Marshal was coming." On 5/2/2011 Defendant
Chief Keith Higgins submitted the same report once again stressing that "he was
there to keep the selectmen informed. The issues between the Fire Marshal and
Cap'n Nemo's does not involve the Town in anyway." On 6/23/2011 the State Fire
Marshal inspected Cap'n Nemo's and determined that enough progress had been
made to authorize the permit with an increase in occupancy.
48.
The Fire Marshal also stated that he did not know who provided false information
to the MDI reporter. (that we had a long list of uncorrected life safety code
violations) Defendant Mark Goode spread the rumor in the MDislander.
0.
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49.
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On 4/27/2012 Chief Keith Higgins submitted a letter to Millard Billings regarding
Fire Protection Device Emplacement (water points on bridges and wharfs). "We
find these devices of great importance to protect the town's property and protect the
surrounding community... " Tremont did not install these critical water points.
50
On 6/4/2012 Defendant Chief Keith Higgins sent an email to the Town Manager
concerning the traffic congestion on Flat Iron road due to a trailer loaded with traps.
Town Manager Millard Billings stated that the deputies informed him that the trailer
was parked legally.
51.
On 6/18/2012 Chief Keith Higgins attended a public hearing for the consideration
of applications for Cap'n Nemo's Special Amusement Permit. Motion passed. On
7/2/2012 the board was given copies of the email from Chief Keith Higgins from the
State Fire Marshal office which requested that the Special Amusement permit be
held by the town. Town Attorney responded that neither the Town Manager nor the
CEO have the authority to hold up an application that has been approved by the
select board.
52.
Defendant Chief Keith Higgins called for police backup for a rowdy crowd before
he arrived on scene of the Cap'n Nemo's fire of December 4, 2013.
53.
Police were called allegedly because the crowd was throwing rocks at the
firefighters. Heath Higgins had requested the crowd to throw rocks to break out a
window, placing the rock throwers directly under a burning live electric service
wire in flagrant disregard of their lives. He relieved his backup, firefighter Sarah
McQuinn on the hose and told her to go find something to do on the other side
when she pointed out the impending danger. Breaking the window would have
accelerated the fire.
7,
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54.
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Heath Higgins drained an entire truckload of water on the fire, concentrating on an
area 25' below the flames. At one point an observer grabbed the hose to give him
slack to aim the hose at the fire. He did not adjust his aim. The water ran out.
Plaintiff Judy Cousins asked, "Wheres the water?" to which Higgins replied, "In the
harbor."
55.
Asst. Chief Tadd Jewett spoke to Plaintiffs during the fire. When asked why no
water was being put on the fire he stated that they were worried about flare-up.
56.
Defendant Chief Keith Higgins failed to establish command. Tremont Fire
Department was not communicating on state or county channel. Instead,
they switched to Bar Harbor frequency without telling mutual aid leaving
responding fire departments without direction. Defendant Chief Keith Higgins
directed mutual aid to stand down and remain at the staging area until
further notice. After an hour of standing around, mutual aid again requested
to assist. After 2 1/2 hours, their manpower and 5500 gallons of precious
water went home unutilized. Defendant Chief Keith Higgins stated to the media that
the biggest problem was that he ran out of water.
57.
Tremont engine 6 hydraulic water pressure pump failed. Engine 6 was not
inspected.
58.
Some drivers did not have the proper EVOC certification to drive the equipment.
59.
A 10 year firefighter Sarah MacQuinn met with defendant Chief Keith Higgins the
next morning to retrieve forgotten gear. He stated, "we'll have to find another way
to run them out of town, they have too much support. They have $5000 in
donations already." Sarah MacQuinn quit the Department claiming," I cannot unsee
what I saw, and unhear what I heard."
60.
Sarah MacQuinn reported a shoulder injury when a part of a fence fell on her.
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Defendant Chief Keith Higgins refused to report her injury to proper authorities.
When she approached Dana Reed at the town hall concerning the lack of concern
and duty on the part of Defendant Higgins, Reed directed her to seek redress
directly with Defendant Chief Higgins. When she approached the fire hall,
Defendant Capt. Heath Higgins would not let her get out of her car. He banned her
from the fire station. He instructed the fire department not to talk to her.
61.
Defendant Chief Keith Higgins told MacQuinn to remove the fire plates from her
vehicle or he would have her arrested altho technically she was on an extended
leave of absence.
62.
While Defendant Capt Heath Higgins was in a checkout line in front of
Sarah MacQuinn at the local store, he said, "The firefighter that was giving the
Cousin's family information could be fined for breach of confidentiality".
63.
Tremont Fire receive a bonus check annually for services performed. Sarah
Macquinn's was withheld for some time.
64.
Firefighter Sarah MacQuinn requested training records for another job. The records
are not forthcoming. She now has to repeat training and pay for it herself, should
she join another fire department in further disparagement of our witness.
65.
Further character assassination of Sarah MacQuinn by Defendant Chief Keith
Higgins continues. At a meeting with other firefighters he stated that, " Sarah is an
incompetent firefighter and that at one point during the evening she sat down and
refused to fight the fire. She is dishonest" and he wouldn't recommend her to be on
any other fire department. MacQuinn is our witness.
66.
Defendant Firefighter Matt Lindsley posted pictures of the Cousins family on the
'Ban Nemo's Funding' Facebook site.
67.
As Defendant SWH Fireman Colton Sanborn drove the Southwest Harbor fire
°I.
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truck away from the fire scene, he stopped, blew his horn, and with a big "mission
accomplished" smile and laughed as he gave Cassiar, our eldest daughter, an
emphatic "thumbs up signal".
68.
Defendant Sanborn continues to harass our family in reckless disregard and
intentional infliction of emotional distress by spraying gravel with his tires
spinning on our son in law at a gas station, revving up his engine and screaming out
an open window in front of my (then ailing, now dead) mother's house in
Southwest Harbor, where we had taken shelter.
69.
Defendant firefighter's Lindsley and Tetreault have admitted that they stole a sign
from the fire scene in further egregious intentional infliction of emotional distress.
Our son's $1800 Macbook was stolen by Matt Tetreault during the fire.
70.
JURISDICTION This is an violation of our civil rights. I am a 100% disabled medic .
. 71.
VENUE This happened in Bass Harbor, Maine
72.
RELIEF WHEREFOR, plaintiffs seek to be made whole again. We request that this
Court enter judgment against all defendants providing the following relief:
(a)
The immediate replacement of personnel involved with the racketeering and arson
so that Tremont has an honest fire protection service in place to benefit the entire region.
(b)
Compensatory damages against Defendants in whatever amount in excess of
$1,860,000.00, exclusive of costs and interest that Plaintiffs are found to be entitled;
(c)
An order placing the Plaintiffs in the position that they would have been in had
there been no violation of their rights.
(d)
An order enjoining/restraining defendants from further acts of discrimination or
retaliation.
(e)
An award of interest and costs.
(f)
Any and all other remedies provided pursuant to 42 U.S.C. Sec. 1983, The ADA.
(o,
Case 1:14-cv-00515-DBH Document 7-1 Filed 12/24/14 Page 11 of 11
(g)
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Take other appropriate nondiscriminatory measures to overcome the above
described discrimination; and
(h)
such other and further relief as the Court deems appropriate.
(a 100% disabled Vietnam veteran purposefully made homeless, jobless, by the willful and wonton
destruction, we can lawfully claim treble damages). The racketeering also imputes treble damages.
73.
EXHAUSTION OF ADMINISTRATIVE PROCEDURES
We presented our case in June to the Maine Municipal Association Risk
Management Services. They have not even interviewed all of our presented
witnesses in five months. A lack of response to a claim of 120 days is by law to
be considered denied.
74.
75.
JURYTRIALREQUESTED
According to our information and belief, we declare under penalty of
perjury that the forgoing is true and correct to the best of our knowledge.
Date executed, December 23, 2014
signatures,
~~ A~
.!! . ~ 0
,4(.,'
L>-=--
Judy A. Cousins
45 Harbor Dr.
45 Harbor Dr.
Bass Harbor, Maine 04653
Bass Harbor, Maine 04653
Il .